Jiah case: HC asks Rabia Khan to draw list of 'anomalies'

The Bombay High Court today asked Rabia Khan, mother of late actress Jiah Khan whose body was found hanging from the ceiling fan in her house in 2013, to draw a list pointing out anomalies, if any, in the probe made by police and CBI into the death of her daughter.
While Mumbai police and CBI have concluded that it was a case of suicide, Rabia claimed her daughter was murdered and demanded that Jiah's actor boyfriend Suraj Pancholi should be tried for murder and not for abetment of suicide.
Rabia is demanding a probe by Special Investigation Team (SIT) alleging that CBI, currently investigating the case, had concurred with the finding of the Mumbai police that Jiah's death was a case of suicide and not homicide.

A division bench headed by Justice Naresh Patil asked Rabia to prepare the list of anomalies and submit it on August 23.
The bench said the list should have three columns -- one listing anomalies in police probe, the second enumerating anomalies in CBI investigation and the third mentioning Rabia's views on the points left out in the probe.
Rabia's lawyer Dhairyasheel Patil pointed out anomalies saying the probe had not taken into account the BBM (mobile) messages exchanged between Jiah and Suraj.

He claimed Suraj had deleted these messages but this aspect was not considered in the probe.
Patil also pointed out that the post mortem report had mentioned that Jiah's neck bore an injury mark which indicated she might have been strangulated or assaulted but this too had not been considered by the investigating authorities.

Additional Solicitor General Anil Singh, however, said that CBI had consulted on the injury mark an expert from All India Institute of Medical Sciences (AIIMS) who had ruled out murder while asserting that it was a case of suicide.
Singh also said that the probe done by CBI was in the right direction and the allegations levelled by Rabia were baseless.
Sooraj was arrested on charge of abetting her suicide on June 10, 2013, a week after the body of the actress was found hanging at her residence here.
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Rabia had sought the SIT probe alleging that CBI, which is currently investigating the case, had concurred with the findings of Mumbai police that it was a case of suicide case and not a homicide.

She had earlier moved the Supreme Court seeking SIT probe, but the apex court asked her to move the high court.
"The trial in the lower court is not proceeding in a proper manner and there is likelihood of accused (Sooraj) being discharged in the case," Rabia's petition said.
According to her, the CBI, "due to reasons best known to it", has been vehemently opposing appointment of special public prosecutor in the case by the Maharashtra government.
Rabia's lawyer argued that "investigation should be handed over to the SIT as CBI has also in its charge sheet said the death was not homicidal, despite forensic evidence suggesting otherwise."

Rabia's petition further said that they had obtained opinion from three doctors, including a foreign expert. All the three doctors had come to conclusion that Jiah Khan's death was homicidal and not suicidal, her petition contended.
CBI, however, opposed Rabia Khan's plea for an SIT probe, saying every angle had been investigated by Mumbai police at the initial stage. Later, CBI had double checked the evidence and come to the conclusion that it was a suicidal death, said Additional Solicitor General Anil Singh on behalf of CBI.